On motion by Mr. Mason,

The yeas and nays being desired by one fifth of the senators present, Those who voted in the affirmative are,

Messrs. Anthony, Bigler, Bingham, Cameron, Chandler, Clark, Collamer, Dixon, Doolittle, Douglas, Durkee, Fessenden, Foot, Foster, Harlan, Johnson, of Tennessee, King, Latham, Seward, Simmons, Sumner, Ten Eyck, Thomson, Trumbull, Wade, Wilkinson, Wilson. Those who voted in the negative are,

Messrs. Bayard, Bright, Clingman, Crittenden, Fitch, Green, Gwin, Hemphill, Hunter, Lane, Mason, Pearce, Powell, Rice, Saulsbury, Sebastian, Wigfall.

So the amendment was concurred in.

On motion by Mr. Gwin, to amend the bill by inserting:

SEC. And be it further enacted, That so much of an act entitled "An act making appropriations for the naval service for the year ending the thirtieth June, eighteen hundred and fifty-five," approved August five, eighteen hundred and fifty-four, as requires the navy agent at San Francisco to discharge the duties of purser, as well as that of navy agent, be, and the same is hereby, repealed,

It was determined in the affirmative.

On motion by Mr. Anthony, to amend the bill by inserting:

SEC.. And be it further enacted, That the President of the United States shall, by and with the advice and consent of the Senate, appoint from the line of the Navy, on the active list, an Assistant Secretary of the Navy, whose salary shall be that of the shore duty pay of a captain, and who, acting under the authority and direction of the Secretary of the Navy, shall be charged with the discipline and efficiency of the naval service, with the detailing of officers, and with such other duties in relation to the administration of its affairs as the Secretary of the Navy may designate,

On motion by Mr. Thomson, to amend the amendment by striking out all after the enacting clause, and in lieu thereof inserting:

That the President of the United States shall appoint an officer in the naval service as an Assistant Secretary of the Navy, in like manner aş the heads of bureau in the naval service, who shall receive an annual salary equal to the highest sea pay of his rank,

It was determined in the affirmative; and,

On the question to agree to the amendment as amended,

Yeas....

It was determined in the negative, Nays.

On motion by Mr. Anthony,

18

25

The yeas and nays being desired by one-fifth of the senators present, Those who voted in the affirmative are,

Messrs. Anthony, Bright, Clark, Collamer, Crittenden, Dixon, Doolittle, Foot, Grimes, Hale, Latham, Powell, Simmons, Sumner, Ten Eyck, Thomson, Trumbull, Wilson.

Those who voted in the negative are,

Messrs. Bigler, Bingham, Bragg, Cameron, Clingman, Douglas, Fessenden, Fitch, Foster, Green, Gwin, Harlan, Hemphill, Hunter, Johnson, of Arkansas, Lane, Mason, Pearce, Polk, Rice, Saulsbury, Sebastian, Seward, Wade, Wigfall.

On motion by Mr. Grimes, to amend the bill by inserting:

SEC. And be it further enacted, That the President of the United States is hereby authorized to place on a retired list any paymaster in the Navy who is now, or may hereafter be, found to be permanently incapable from physical or mental infirmity of further service at sea, and that the pay of officers so retired shall be the waiting orders pay of the respective grades, as it existed prior to the passage of the act of Congress to regulate the pay of the Navy, approved June one, eighteen hundred and sixty.

SEC. And be it further enacted, That all vacancies in the corps of paymasters caused by the foregoing section shall be filled in accordance with established usage: Provided, That the number of paymasters on the active list shall not exceed the number authorized by existing laws, It was determined in the negative,

No further amendment being proposed,

Ordered, That the amendments be engrossed and the bill read a third time.

The said bill, as amended, was read the third time.

Resolved, That it pass.

Ordered, That the Secretary request the concurrence of the House of Representatives in the amendments.

Mr. Lane submitted the following resolution; which was considered by unanimous consent, and agreed to:

Resolved, That the Committee on Indian Affairs be instructed to inquire into the expediency of providing for a settlement of the existing difficulties between the Nez Percé tribe of Indians and the settlers by entering into negotiations for the cession of that portion of the Nez Percé reserve lying north of Snake river and the Clearwater, and report by bill or otherwise.

The Vice-President signed the following enrolled bills and resolution, and they were delivered to the committee to be presented to the President of the United States:

S. 111. An act for the relief of Aaron H. Palmer.

S. 531. An act to change the name of the schooner "Augusta" to "Colonel Cook."

H. R. 57. Joint resolution for the benefit of Duvall & Brothers. On motion by Mr. Bigler, that the Senate proceed to the consideration of executive business,

Yeas.....

It was determined in the affirmative, {Nays.

On motion by Mr. Bigler,

225

25

24

The yeas and nays being desired by one fifth of the senators present, Those who voted in the affirmative are,

Messrs. Baker, Bayard, Bigler, Bragg, Bright, Clingman, Douglas, Fitch, Green, Hale, Hemphill, Hunter, Johnson, of Arkansas, Johnson, of Tennessee, Lane, Latham, Mason, Pearce, Polk, Powell, Rice, Saulsbury, Sebastian, Thomson, Wigfall.

Those who voted in the negative are,

Messrs. Anthony, Bingham, Cameron, Chandler, Clark, Collamer, Dixon, Doolittle, Durkee, Fessenden, Foot, Foster, Grimes, Harlan,

King, Morrill, Seward, Simmons, Sumner, Ten Eyck, Trumbull, Wade, Wilkinson, Wilson.

So the motion was agreed to; and,

After the consideration of executive business,

The Senate adjourned.

WEDNESDAY, FEBRUARY 13, 1861.

Mr. Bingham reported from the committee that they this day presented to the President of the United States the following enrolled bills and joint resolutions:

S. 111. An act for the relief of Aaron H. Palmer.

S. 531. An act to change the name of the schooner "Augusta "Colonel Cook."

H. R. 545. An act granting a pension to Gregory Patti.

S. 58. Resolution authorizing Lieutenant T. A. M. Craven, United States Navy, to receive certain marks of distinction tendered him by the Spanish government.

H. R. 57. Resolution for the benefit of Duvall & Brothers.

A message from the House of Representatives, by Mr. Hayes, chief clerk :

Mr. President: The House of Representatives has passed the bill of the Senate (S. 547) for the relief of the parish of St. Matthew's Church of the city of Washington.

The House of Representatives having ordered the printing of certain documents, I am directed to notify the Senate thereof.

I am directed by the House of Representatives to inform the Senate that the House is now ready to receive the Senate for the purpose of proceeding to open and count the votes of the electors of the several States for President and Vice-President of the United States.

The Senate repaired to the chamber of the House of Representatives. The two Houses of Congress being there assembled, the certificates of the electors of the several States for President and Vice-President of the United States were, in their presence, opened by the Vice-President and delivered to the tellers, who, having read and ascertained the number of votes, presented to the Vice-President a list thereof, as follows:

List of votes for President and Vice-President of the United States for the constitutional term, to commence on the 4th day of March, 1861.

The whole number of the electors appointed to vote for President and Vice-President of the United States is........

Of which a majority is......

303

152

The state of the vote for President of the United States, as delivered

And the state of the vote for Vice-President of the United States, as delivered by the tellers, is:

The Vice-President declared that Abraham Lincoln, of Illinois, having received a majority of the whole number of electoral votes, is duly elected President of the United States for four years, commencing on the 4th day of March, 1861.

And that Hannibal Hamlin, of Maine, having received a majority of the whole number of electoral votes, is duly elected Vice-President of the United States for four years, commencing on the 4th day of March, 1861.

The Vice-President then announced that the business for which the two houses were assembled was finished; and

The Senate returned to its chamber.

The Vice-President laid before the Senate a report of the Secretary of War, communicating a modified estimate for fortifications for the fiscal year ending June 30, 1862; which was read.

Ordered, That it be referred to the Committee on Military Affairs and the Militia.

Mr. Fessenden presented a petition of citizens of Gorham, Maine; a memorial of citizens of Brunswick and Topsham, Maine; and a memorial of over twenty-five hundred citizens of Portland, Maine, praying the adoption of such measures of conciliation and compromise as shall heal sectional strife, restore public confidence, and cement the bonds of national union for all coming time.

Ordered, That they lie on the table.

Mr. Fessenden, from the Committee on Finance, to whom was referred the bill (H. R. 895) making appropriations for sundry civil expenses of the government for the year ending June 30, 1862, reported it with amendments.

Mr. Fessenden, from the Committee on Finance, to whom were referred the amendments of the Senate to the bill (H. R. 864) making appropriations for the consular and diplomatic expenses of the government for the year ending June 30, 1862, disagreed to by the House of Representatives, and the amendment of the House to the seventh amendment of the Senate to the said bill, reported thereon.

The Senate proceeded to consider its amendments to the bill (H. R. 864) last mentioned, disagreed to by the House of Representatives, and the amendment of the House to the seventh amendment of the Senate to the said bill; and,

On motion by Mr. Fessenden,

Resolved, That the Senate insist upon its amendments to the said bill, disagreed to by the House of Representatives; disagree to the amendment of the House to the seventh amendment of the Senate to the said bill; and ask a conference on the disagreeing votes of the two houses thereon.